Can Child Support and Arrears Be Enforced When the Father Had No Timesharing or Contact With the Child?

Kaylin M.M. Bosque, Esq.

Sep 8

1 min read

QUESTION:

I am a father whose child’s mother moved repeatedly and did not allow me to communicate with or visit my child for an extended period. At the time, I did not have a court order granting parental responsibility, timesharing, or visitation. Paternity was later established through a Florida Department of Revenue child-support case.

I am now subject to a child-support order and have been assessed approximately $48,000 in past-due support. I currently receive Social Security Disability Insurance and military disability benefits, and my monthly support obligation includes both ongoing support and an additional monthly payment toward arrears. I have no court-ordered timesharing and have not had contact with my child despite wanting to be involved.

Can child support and arrears still be enforced when the father was denied contact and did not have legally established parental rights? What options may be available to request a review of the support amount, arrears payment plan, and establishment of a parenting plan and timesharing schedule?

ANSWER:

Generally, a lack of court-ordered timesharing or contact with the child does not by itself excuse a legal child-support obligation, and a parent’s alleged denial of visitation or relocation typically must be addressed separately through a parenting-plan, timesharing, or relocation proceeding rather than by stopping support. However, you may want to have an attorney review the support order and arrears accounting. Depending on that review, there may be options to challenge an error in the arrears calculation, seek a modification of ongoing support or the arrears payment amount based on a substantial change in income, and pursue a formal parenting plan and timesharing relief.

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